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Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......lot No. 401 in the collector’s Khatian in the record of rights. The plaintiffs are not entitled to take advantage of this wrong payment, as the plaintiffs have acquired no right, title or interest over the suit property nor their alleged vendors had any right title or interest over the..Category: Property Law | Date: | Hits: 36
Solicitor represented by State, Govt of of Bangladesh Vs. Anisuzzaman Chy & or, 2006, 35 CLC (AD)
.... High Court Division do not suffer from any illegality for our interference. Accordingly, we find no cogent ground for granting leave. This petition is dismissed. Ed. ......environment of the country. In such view of the matter, the learned Judges of the High Court Division having failed to apply their judicial mind to appreciate the above aspect of national interest of the goods in question causing failure of justice. 6. Mr. Deputy Attorney Ge..Category: Criminal Law | Date: | Hits: 88
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
.... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ......to the provision of Section 91 of the Evidence Act, no evidence of oral agreement or statement shall be admitted, as between the parties to any such instrument or their representatives in interest, for the purpose of contradicting, varying, adding to, or subtracting from its terms. ..Category: Property Law | Date: | Hits: 38
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......seek cover will not prevail if it is inconsistent with the Act. 25. Section 9(2) of the Act provides as under: " The Government may, if it considers necessary in the public interest so to do, retire from service a public servant at any time after he has completed twent..Category: Employment/Service Law | Date: | Hits: 103
Md. Kamaluddin and others Vs. Bangladesh, 2006, 35 CLC (AD)
....ith as prayed for. Stay granted earlier be extended for further 2 (two) months from date. The parties are directed to file the concise statement within one month. Ed. ......are that the petitioners claiming to be land owners and cultivators in Parabarta and Borokaw Mouza in the district of Gazipur filed the above mentioned writ petition claiming it to be a public interest litigation. They challenged notice dated 22.06.2002 issued under Section 3 of the Ac..Category: Property Law | Date: | Hits: 31
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ......rom the defendant's side it has not been disputed that plaintiff is in possession of the land claimed in her share, that the suit is not bad for defect of party, that plaintiff has right, title and interest in .19 acre of land and as such entitle to have a decree for the partition of the suit lan..Category: Property Law | Date: | Hits: 28
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ......ied leaving Abdul Barek, Hayatunnessa and the three daughters, that on the death of Fatema Bibi Abdul Barek, Hayatunnessa, Daulat Bi, Mohor Bi and Ratan Bi sold their interest to Zeon Bibi who died leaving son Awlad Hussain who died leaving sons Taleb Hossain and Mo..Category: Property Law | Date: | Hits: 25
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
.... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ......ant No. 2 offered to return the earnest money of Tk. 10,000/-. The appellant alleged that defendant No. 2 has since tried to sell the suit land at a higher price by engaging brokers and by contacting interested purchasers willing to pay a higher price than the appellant's. Hence the suit. 6. De..Category: Property Law | Date: | Hits: 50
Md. Mojibur Rahman Howlader & Others Vs. Afsar Ali Howlader, 2005, 34 CLC (AD)
....t any findings that those findings of the trial court and the appellate Court were perverse or unreasonable or without any evidence and basis. The appeal is thus allowed with costs. Ed. ......urt Division failed to notice a vital document, Ext. 7, which is a barga Kabiliyat executed by the defendant No.1 himself in favour of the plaintiffs admitting the plaintiffs" title to and interest in the suit land. 7. We have heard Hasan Faiz Siddique, the learned Counsel for..Category: Property Law | Date: | Hits: 35
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......The learned Counsel for the Respondent No.5 has submitted that the appellants are trespassers on the Waqf property since they are neither "beneficiary" as has been defined in section 2(2) nor "person interested" in a Waqf property as has been defined in section 2(8) of the ordinance and consequently..Category: Trust/Waqf Law | Date: | Hits: 228
Md. Biseruddin Sardar & others Vs. Md.Tofazzal Hossain Biswas & others, 2004, 33 CLC (AD)
....n acted illegally in interfering with the findings and decision of the court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: ......facts are that the suit land originally belonged to Saku Sarder and Hossain Sarder in equal sharers and the C.S. record was accordingly prepared and finally published. On the death of Saku Sarder his interest devolved upon his son and daughters and the interest of Hossain Sarder devolved upon his th..Category: Property Law | Date: | Hits: 26
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ......year 1968 when law and order situation in the locality deteriorated he left the area for the time being and could not take care of the property, that defendant Nos. 1 and 2 having no right, title and interest since liberation of Bangladesh occupied the land described in schedule 'B' and when plainti..Category: Tenancy Law | Date: | Hits: 194
Government of Bangladesh, and others Vs. Md. Sirajuddin Khan and others, 2005, 34 CLC (AD)
....t of Tk.3,000/- in favour of the plaintiff respondent No.1 within two months from the date of receipt of this order by the trial court, in default, this appeal shall stand dismissed. Ed. ......nt Judge, Bandar, Narayangonj dated 20.2.1997 in Title Suit No. 4 of 1996 decreeing the suit. 2.The plaintiff respondent No.1 instituted the aforesaid suit for declaration of his title and interest in the suit land stating, inter alia, that the suit property belonged to Messers Kaknorak ..Category: Property Law | Date: | Hits: 40
Fairtech Limited & ors. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (AD)
....pliance with other rules (in case of sale by private negotiation) have no effect on the impugned sale. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 216. ......ent of the outstanding dues of the Bank that there was an arbitrariness in the whole proceeding which not only destroyed the enterprise of the petitioners but at the same time failed to achieve the interest of the Bank itself and that the petitioners had not been given a fair deal. 6. As to t..Category: Banking Law | Date: | Hits: 94
Messers Hai Iron and Re-Roiling Mills Limited Vs. Bangladesh Commerce Bank Ltd., 2006, 35 CLC (AD)
....licable in the present case arrived at a correct decision which does not suffer from any illegality or infirmity so as to call for any interference. The petition is dismissed. Ed. ......stitution of the erstwhile Bangladesh Commerce and Investment Limited as it, being a non-banking financial institution licensed by the Bangladesh Bank, functioned to the detriment of the interest of the depositors and customers and so the erstwhile Bangladesh Commerce and Investme..Category: Banking Law | Date: | Hits: 101
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......n if there is no pleading from the side of the defendant alleging the non-genuineness of the document on the basis of which plaintiff is claiming the relief in the suit the Court has a duty in the interest of justice to scrutiny the document(s) relied upon by the plaintiff and if on such scrutin..Category: Property Law | Date: | Hits: 38
Mohammad Ahmed Rashid and others Vs. Mohammad Shafi and others, 2005, 34 CLC (AD)
....ned Advocate-on-Record for the petitioners. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 88; 12 BLC (AD) (2007) 61; 12 MLR (AD) 2007, 162. ......epared and published. Nur Ahmed and others were in need of money and sold the same to the plaintiff who has possessed the same by paying rent. The petitioner Nos.1-3 have no right, title, interest and possession in the suit land. That the suit land is far from the house of plainti..Category: Property Law | Date: | Hits: 41
Rupali Bank Ltd. Vs. M. A. Jalil, 2005, 34 CLC (AD)
....f the above, we do not find any cogent reason to interfere with the impugned judgment and decree of the High Court Division. The petition is, accordingly, dismissed. Ed. ......vident fund scheme wherefore he is entitled to get Tk. 63,673.64; that he had opted for pension and is therefore entitled to get pension and which is not being paid; that he is also entitled to get interest at the rate of 20 percent per annum for wrongful withholding of the benefit. That by ..Category: Employment/Service Law | Date: | Hits: 136
Arch Limited and others Vs. Zillur Rahman Chowdhury and others, 2006, 35 CLC (AD)
....the materials on record arrived at a correct decision and there is no cogent reason to interfere with the same. Both the leave petitions are dismissed. Ed. This Case is also Reported in: ......spect of his 12,000 shares in the Company has been illegally omitted from the share register of the Company and that the instant application has been filed bona fide in order to protect his right and interest in respect of his 12,000 shares in the Company. The present petitioners taking advantage ..Category: Business or Commercial Law | Date: | Hits: 109
Ershad Ali Howlader Vs. Santi Rani Dhupi and others, 2006, 35 CLC (AD)
....ground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 105. ......ame is not correct, that plaintiff No.1 and the defendant Nos. 4-6 of the instant suit are not the heirs of the defendant Nos.1-6 and 8-11 of Title Suit No. 206 of 1976, that defendant Nos.4-6 had no interest in the land described in schedule 'Ga' and that defendant Nos.1 and 2 got the land by set..Category: Property Law | Date: | Hits: 53
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